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(영문) 의정부지방법원 2017.12.07 2017고정2330

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of KRW 4,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On July 9, 2017, the Defendant driven a B Ray vehicle with approximately 2 km alcohol content of 0.170% under the influence of alcohol while under the influence of alcohol, from the road near the “Government Notice,” which is located in the Dong Dong-dong around 02:45, to the front road of the 1316-ro 1316 “Seoul Do Government Branch,” a country of Ho.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the occurrence of a traffic accident, report on the situation of a driver driving, inquiry into the results of crackdown on drinking, vehicle involved in accident and on-site photograph;

1. Application of Acts and subordinate statutes to inquiries, such as criminal history;

1. Relevant Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act, the selection of fines concerning facts constituting an offense, and the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reasoning for sentencing of Article 334(1) of the Criminal Procedure Act is the first sentence of sentencing of Article 334(1) of the Criminal Procedure Act; the defendant recognized the criminal facts of this case and reflects his mistake; the economic situation seems to have not been made a judicial decision for the impeachment; and the first offender who has no record of criminal punishment is recognized as favorable to the defendant.

However, the driving of drinking is a crime that may cause damage not only to the driver himself/herself but also to the life or property of his/her deceased person and needs to be punished strictly. The alcohol concentration in blood is relatively high to 0.170%, and the risk of driving of drinking is realized and traffic accidents occur. The general punishment in the same and similar cases is balanced, and the defendant's age, sex, behavior, intelligence and environment, motive, means and consequence of the crime in this case, the circumstances after the crime in this case, criminal records, family relations, economic circumstances, and other various circumstances that are conditions for the sentencing in this case shall be determined as per the order.